(A) Inspection of premises. Whenever a complaint is made to the Town Council member or town police officer that a public nuisance exists within the town, the Town Police shall promptly and forthwith inspect or cause to be inspected, the premises complained of, and shall make a written report of his or her findings to the Town Council. Whenever practicable, the Town Police shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk/Treasurer.
(B) Summary abatement.
(1) Notice to owner.
(a) If the town police officers determines that a public nuisance exists within the town and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Town Council may direct the town officers to serve a notice upon a person causing, permitting, or maintaining such nuisance, whether an owner or occupant of the premises where such nuisance is caused, permitted, or maintained. If immediate personal service cannot be made, a copy of such notice shall be posted on the premises in a location likely to attract the attention of the owner or occupant thereof, as well as direct mail notice to the last known owner of said property.
(b) Such notice shall direct the person causing, permitting, or maintaining such nuisance, or the owner or occupant to the premises, to abate and remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the town may cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance.
(2) Abatement by town. If the nuisance is not abated within the time provided or if the owner, occupant, or person causing the nuisance cannot be found, the town officers in the case of health nuisances and other cases shall cause the abatement or removal of such public nuisance.
(3) Abatement by Court action. If the enforcement officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, the officer shall file a written report of his or her findings with the Town Council who shall cause an action to abate such nuisance to be commenced in the name of the town in the Town Court. In the alternative, the Town Council may direct the town officers to issue one or more citations for each day of violation for a said time period, and to report back whether compliance has occurred.
(1995 Code, § 12-2) Penalty, see § 92.99